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By David H. Rosenberg, Esq., Dec 27 2016 04:06PM

One of the most common questions I am asked is, "I am being harassed at work, what do I do?" Here are the five things to do and, ironically, the first thing you start with is the word stop.


First, stop and take notice of yourself. You are an employee. You are the proverbial gasoline in the car. You make the company go. You are important. Do not let anyone make you feel as if you are not important because you are.


Second, tell your harasser to stop. Please stop are two very powerful words when put together. Please stop bothering me. Please stop harassing me. Please stop treating me poorly. Make it known that the way you are being poorly treated will not be tolerated. Stand up for yourself and say stop.


Third, I want you to stop. Do a timeout and write down everything that was said or done to you. Be specific. Who specifically said or did what specifically to who specifically on which dates specifically in front of which witnesses specifically? Write it down.


Fourth, stop and complain to the appropriate person or department if there is one. If there is a human resources department, report it to them now and document it. Put it in writing and the 'it' is who specifically said or did what specifically to who specifically. Be specific and concise. Do not write more than is needed.


Fifth, stop and contact The Law Office of David H. Rosenberg, P.C. You can call us, email us, either way works because we are here to help you with your problem. We love to help employees. It is what we do. Call us. It is a free conversation.


Your problem is not just going to go away. Stop right now and visit us at www.employeelawny.com. Problems at work are no problem for us.

By David H. Rosenberg, Esq., Dec 27 2016 04:05PM

By this point, everybody knows about the Madoff scandal. What I find fascinating is the valuable lesson it taught to employees suffering from a hostile work environment. This lesson comes from observations of Ruth Madoff's behavior after learning that her husband Bernie had conducted the largest ponzi scheme in history.


By most witness accounts, Ruth was a caring and loving woman. She donated her free time, and money, to charities. These were charitable organizations that she believed in. Ones that she treasured. Jewish charities with causes near and dear to her heart. After learning that her husband depleted the funds used to keep these charities going, she stayed with him.


Ruth also cared about her close friends. These were friends that she celebrated the holidays with, broke bread with, danced with, celebrated with, shared vacations with, and these were people that she loved. After learning that her husband had wiped them out financially, she stayed with him.


Ruth's sister was the person that Ruth was closest to. After the scandal, when Ruth lost everything, her sister and brother in law took her in. They gave her a home, put food on the table, and they provided her with the emotional support she so needed. Upon hearing that her husband had damn near bankrupted them, Ruth stayed with him.


Ruth's sons were probably the greatest loves of her life. They were her flesh and blood, her babies - probably no other two people on earth that she loved more. Her sons, also victims, were so distraught about the shame their father brought to the family that one of them committed suicide. And after they gave the ultimatum of 'choose him or us' in an effort to get Ruth to stop visiting Bernie in jail, Ruth chose him.


However, after learning that Bernie had a very brief affair more than 20 years earlier with some random woman,she stopped seeing Bernie in jail. Why? Because it was at that moment that Ruth realized she had been cheated. Ruth cared about the charities, friends, sister, brother in law, and kids but it paled in comparison to the level of care she had for herself. In the end, it was all about Ruth.


So, now I will ask my famous question: What does this have to do with Employment Law?


I see so many of my clients say things like, "Well Dave, I really do care about the company" or "I really care about my boss" or "I don't want to get anyone in trouble" and "that's the reason why I do not want to complain about harassment."


My response is this: Stop caring. Your boss, the supervisors, the Human Resources Director, and your co-workers only care about one thing. Themselves. They may care about you but it pales in comparison to the level of care that they have for themselves.


Are you suffering at work? Is someone giving you a hard time? Do you not want to report it because you care about the other people? Stop caring. It is OK to stop caring for them and to start caring for yourself.


If you feel you are the victim of workplace harassment, contact The Law Office of David H. Rosenberg, P.C. Problems at work are no problem for us.



By David H. Rosenberg, Esq., Nov 2 2016 01:39PM

Good advice for women suffering from sexual harassment came from songwriter Meghan Trainor when she said all my ladies listen up if that boy ain’t giving up - you tell them no. Are you being sexually harassed at work? Maybe a supervisor is physically touching you. Maybe a co-worker is saying inappropriate things to you. Maybe you are being asked questions of a personal nature on a daily basis. And maybe, you aren’t sure what to do about it. You are thinking about your job. You are thinking about your rent. You are thinking about your mortgage. You are thinking about your cell phone bill. The last thing you want to be thinking about is being fired for saying, “No.” Fortunately, Title VII of the Civil Rights Act of 1964 prevents employers from terminating their employees who say No to sexual harassment. This means that you should not be in fear of telling your harasser no. Otherwise, your harasser may think that the proverbial come-ons are welcome, and that could be a problem. If you are suffering from sexual harassment at the workplace, contact The Law Office of David of H. Rosenberg, P.C., problems at work are no problem for us.



By David H. Rosenberg, Esq., Sep 29 2016 02:07PM

One of the greatest lines uttered in Heavy Metal/Hard Rock history came from Dee Snider, the lead singer of Twisted Sister, when he screamed, "We're not gonna take it, no, we're not gonna take it, we're not gonna take it, anymore!" What does this have to do with Employment Law you ask? A lot. Have you been a victim of workplace bullying? If so, haven't you felt like screaming, "I'm not gonna take it"? Believe it or not, that is pretty much what you should be doing. Title VII of the Civil Rights Act of 1964 protects an employee from retaliation. The employee must engage in a protected activity, be subjected to an actionable adverse action, and there must be a causal connection between the employee's protected activity and the adverse action. It's just like the advice you see on the subway in New York City, "If you see something, say something." Otherwise, you might not be able to argue retaliation, and that could cause a problem.


If you are suffering from workplace bullying, contact The Law Office of David H. Rosenberg, P.C., "problems at work are no problem for us."



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